Language Democracy And The Paradox Of Constituent Power

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Language, Democracy, and the Paradox of Constituent Power

Author : Catherine Frost
Publisher : Routledge
Page : 134 pages
File Size : 52,8 Mb
Release : 2021-04-19
Category : Political Science
ISBN : 9780429884733

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Language, Democracy, and the Paradox of Constituent Power by Catherine Frost Pdf

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

The Adventures of the Constituent Power

Author : Andrew Arato
Publisher : Cambridge University Press
Page : 483 pages
File Size : 50,8 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781107126794

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The Adventures of the Constituent Power by Andrew Arato Pdf

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

The Paradox of Constitutionalism

Author : Martin Loughlin,Neil Walker
Publisher : OUP Oxford
Page : 386 pages
File Size : 49,9 Mb
Release : 2008-08-28
Category : Law
ISBN : 0199552207

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The Paradox of Constitutionalism by Martin Loughlin,Neil Walker Pdf

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Sociology of Law and the Global Transformation of Democracy

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 599 pages
File Size : 44,5 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107199903

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The Sociology of Law and the Global Transformation of Democracy by Chris Thornhill Pdf

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

Constituent Moments

Author : Jason Frank
Publisher : Duke University Press
Page : 362 pages
File Size : 42,7 Mb
Release : 2010-01-04
Category : Political Science
ISBN : 9780822391685

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Constituent Moments by Jason Frank Pdf

Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

Negotiating the Power of the People

Author : Lucia Rubinelli
Publisher : Cambridge University Press
Page : 279 pages
File Size : 42,6 Mb
Release : 2020-05-21
Category : History
ISBN : 9781108485432

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Negotiating the Power of the People by Lucia Rubinelli Pdf

Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

Sovereignty in Action

Author : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 54,7 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108483513

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Sovereignty in Action by Bas Leijssenaar,Neil Walker Pdf

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Empire of the People

Author : Adam Dahl
Publisher : University Press of Kansas
Page : 272 pages
File Size : 46,5 Mb
Release : 2018-04-15
Category : Political Science
ISBN : 9780700626076

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Empire of the People by Adam Dahl Pdf

American democracy owes its origins to the colonial settlement of North America by Europeans. Since the birth of the republic, observers such as Alexis de Tocqueville and J. Hector St. John de Crèvecœur have emphasized how American democratic identity arose out of the distinct pattern by which English settlers colonized the New World. Empire of the People explores a new way of understanding this process—and in doing so, offers a fundamental reinterpretation of modern democratic thought in the Americas. In Empire of the People, Adam Dahl examines the ideological development of American democratic thought in the context of settler colonialism, a distinct form of colonialism aimed at the appropriation of Native land rather than the exploitation of Native labor. By placing the development of American political thought and culture in the context of nineteenth-century settler expansion, his work reveals how practices and ideologies of Indigenous dispossession have laid the cultural and social foundations of American democracy, and in doing so profoundly shaped key concepts in modern democratic theory such as consent, social equality, popular sovereignty, and federalism. To uphold its legitimacy, Dahl also argues, settler political thought must disavow the origins of democracy in colonial dispossession—and in turn erase the political and historical presence of native peoples. Empire of the People traces this thread through the conceptual and theoretical architecture of American democratic politics—in the works of thinkers such as Thomas Jefferson, Thomas Paine, Alexis de Tocqueville, John O’Sullivan, Ralph Waldo Emerson, Daniel Webster, Abraham Lincoln, Walt Whitman, and William Apess. In its focus on the disavowal of Native dispossession in democratic thought, the book provides a new perspective on the problematic relationship between race and democracy—and a different and more nuanced interpretation of the role of settler colonialism in the foundations of democratic culture and society.

Insurgencies

Author : Antonio Negri
Publisher : U of Minnesota Press
Page : 388 pages
File Size : 51,8 Mb
Release : 1999
Category : Law
ISBN : 0816622752

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Insurgencies by Antonio Negri Pdf

Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.

Militant Democracy

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 41,7 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Constitutionalism in Global Constitutionalisation

Author : Aoife O'Donoghue
Publisher : Cambridge University Press
Page : 281 pages
File Size : 51,9 Mb
Release : 2014-06-05
Category : Law
ISBN : 9781107050259

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Constitutionalism in Global Constitutionalisation by Aoife O'Donoghue Pdf

Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.

Politics of Last Resort

Author : Jonathan White
Publisher : Oxford University Press, USA
Page : 240 pages
File Size : 49,6 Mb
Release : 2020-01-13
Category : Political Science
ISBN : 9780198791720

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Politics of Last Resort by Jonathan White Pdf

Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.

Sovereignty in Post-Sovereign Society

Author : Jiří Přibáň
Publisher : Routledge
Page : 284 pages
File Size : 51,7 Mb
Release : 2016-03-09
Category : Law
ISBN : 9781317052081

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Sovereignty in Post-Sovereign Society by Jiří Přibáň Pdf

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Rise of Democracy

Author : Christopher Hobson
Publisher : Edinburgh University Press
Page : 264 pages
File Size : 54,7 Mb
Release : 2015-10-07
Category : Political Science
ISBN : 9780748692828

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Rise of Democracy by Christopher Hobson Pdf

Explores democracy's remarkable rise from obscurity to centre stage in contemporary international relations, from the rogue democratic state of 18th Century France to Western pressures for countries throughout the world to democratise.

Innovation and Transition in Law: Experiences and Theoretical Settings

Author : Anonim
Publisher : Dykinson
Page : 128 pages
File Size : 41,6 Mb
Release : 2024-06-02
Category : Electronic
ISBN : 9788413773094

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Innovation and Transition in Law: Experiences and Theoretical Settings by Anonim Pdf

This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.